It’s been six days since Judge Hein entered his “Termination Entry” was filed on Mike Foley. Foley is clearly ineligible to hold public office. We have a felon, in charge of our Court records, in charge of our Auto Titles, and it’s not legal.
So I started making calls this morning. I called 2 county commissioners and asked “what are you going to do about it?” and they didn’t have answers. I suggested cutting all county funds to the Clerks office until Foley has been removed.
Then I called the Montgomery County Prosecutors office, and asked, when are you going to file the Quo Warranto for Foley’s removal from office. They are aware that he’s ineligible, but seem to think it’s not up to them. I told them if they don’t file it in the second district court of appeals, I will, and then, I’ll walk into Foley’s office and make a citizens arrest and remove him from the property with cameras running. They said they’d get back to me.
Next up, the Ohio Auditors Special Investigations unit. These are the prosecutors who originally charged Foley with a whole bunch of crimes, and somehow accepted this insane “no contest” plea deal on only 2 of them.
Their names are:
- Samuel J. Kirk
- Thomas N. Anger
- Robert F. Smith
- Keith L. Faber
I left a message, telling them that if they didn’t file the quo warranto, I would. When they called back as too busy to talk to me, I suggested that they may need to seek employment elsewhere if they don’t do their jobs.
Because, since the decision was published, Foley has been drawing a paycheck illegally, working illegally, and these folks who are supposed to be protecting us are all accomplices to the commission of a crime against the public.
You may ask why Judge Hein didn’t remove him from office himself? And the answer is, it’s not his job. He is only supposed to adjudicate what is in front of him, not the penalty on his ruling.
It’s not my job to enforce the law, but, if push comes to shove, someone has to.
Long ago, I published the quo warranto I was prepared to file to remove Dr. Adil Baguirov from the Dayton City Public School board, and the threat of my filing was enough to get him to resign. This was another case, where our public officials and leaders let the public down. But, I’m older and smarter now, and there are a lot more people who know 100% that I’m right.
I will look to see the filing by close of business today from someone else, or I’ll file first thing tomorrow morning and demand immediate review and action.
To the voters who re-elected this criminal to be the Clerk of Courts despite the indictment, shame on you. How many times are you going to allow criminals to be elected and waste your money?
I will update this post as calls come in.
It’s up to the jabroni county commissioners to let him go or risk their damn jobs!
we like criminals in this country
David, it seems to me you are on point here. A writ of quo warranto is used to contest a person’s right to hold public office. Ohio Revised Code (ORC) Section 2733 addresses this generally (particularly 2733.01). You are rightly calling for other elected officials to do their job and file a writ of quo warranto posthaste to rid us of yet another criminal in local government. Republican Mike Foley should resign in shame as his partner in crime did, former Republican Judge James Piergies. A writ of quo warranto must issue.
ORC 2961.01(A)(1) A person who pleads guilty to a felony under the laws of this or any other state or the United States and whose plea is accepted by the court or a person against whom a verdict or finding of guilt for committing a felony under any law of that type is returned, unless the plea, verdict, or finding is reversed or annulled, is incompetent to be an elector or juror or to hold an office of honor, trust, or profit.
https://codes.ohio.gov/ohio-revised-code/section-2961.01
Republican Montgomery County Common Pleas Court Clerk of Court Mike Foley’s criminal case is closed. Last week, Foley entered into a no contest plea deal with his attorney, Jon Paul Rion, and the visiting prosecuting attorney(s). Visiting Judge Hein found Clerk of Court Mike Foley guilty of a felony and a misdemeanor, and he was sentenced. The closed case docket does not show a filing of Foley’s eleventh hour change of plea attempt. Read the judgment and termination entries for the particulars, which David kindly provided. The case ended with Judge Hein filing his certificate of assignment back to the Ohio Supreme Court from whence it came.
New case law was created last year by the Ohio Supreme Court when it heard the fiasco involving Republican Butler County Auditor Roger Reynolds (felon-yes/no).
https://www.courtnewsohio.gov/cases/2024/SCO/0925/241244.asp
Too bad no one has the courage to act, David. Glad you’re doing it.